[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15055]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 13-94-009]

 

Safety Zone Regulations; Fireworks Display; Elliott Bay, Seattle, 
WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Independence Day fireworks display to be held on July 4 from 9:30 p.m. 
(PDT) until 11 p.m. (PDT). The fireworks display barge will be 
positioned near the shoreside of Elliott Bay, Seattle, Washington in 
the area of Myrtle Edwards Park. This safety zone is necessary to 
control spectator craft and to provide for the safety of life and 
property on and in the vicinity of navigable waters during the event.

EFFECTIVE DATE: These regulations become effective on July 4, 1994 at 
9:30 p.m. (PDT) and terminate on July 4, 1994 at 11 p.m. (PDT).

FOR FURTHER INFORMATION CONTACT: LT S. Workman, Assistant Operations 
Officer, Coast Guard Group Seattle, Washington, (202) 217-6009.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking has not been published for these regulations and 
good cause exists for making them effective in less than 30 days from 
the date of publication. Following normal rulemaking procedures would 
have been impracticable. The application to hold the event was just 
recently received leaving insufficient time to publish proposed rules 
in advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this temporary final rule are LT Andrew W. Connor, 
project officer, and LT Laticia J. Argenti, project attorney, Coast 
Guard District Thirteen Legal Office.

Discussion of Regulations

    The Elliott Bay Fireworks Display is being held as part of the 
celebration for the Fourth of July Independence Day in Seattle, 
Washington. This event is sponsored by Ivar's Restaurants. The 
fireworks display is conducted from a barge located on the waters of 
Elliott Bay, Seattle, Washington. This one-day event attracts a large 
number of spectators gathered on the waters near the fireworks display. 
To promote the safety of both the spectators and participants, this 
safety zone is required to keep spectators away from the explosive 
fireworks barge during the fireworks display. The exclusionary area is 
designed to keep all spectators away from the fireworks barge.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    This temporary rule has been thoroughly reviewed by the Coast Guard 
and determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.C. of Commandant 
Instruction M16475.1B. A Categorical Exclusion Determination statement 
has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    In consideration of the foregoing, Part 165 of Title 33, Code of 
Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T13-006 is added to read as follows:


Sec. 165.T13-006  Safety Zone: Elliott Bay, Seattle, WA

    (a) Location. The following area is a safety zone: The waters of 
Elliott Bay, Seattle, Washington, in the area of Myrtle Edwards Park. 
The safety zone will be comprised of a portion of water around the 
fireworks barge bounded by the following coordinates: Latitude 47 deg. 
37'22'' N, Longitude 122 degrees 22'06'' W, Latitude 47 deg. 37'06'' N, 
longitude 122 deg. 21'45'' W, Latitude 47 deg. 36'54'' W, Latitude 47 
degrees 37'09'' N, Longitude 122 degrees, 22'25'' W.
    (b) Definitions.
    Designated representative of the District Commander is any Coast 
Guard commissioned, warrant or petty officer who has been authorized by 
the District Commander, Thirteenth Coast Guard District, to act on his 
behalf.
    Official patrol consists of any Coast Guard vessel, state or local 
law enforcement, and/or sponsor-provided vessels assigned and/or 
approved by Commander, Thirteenth Coast Guard District to patrol each 
event. All persons and/or vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the District Commander or his designated 
representative. When hailed and/or signaled by an official patrol 
vessel, a spectator shall come to an immediate stop. Vessels shall 
comply with all directions given, failure to do so may result in a 
citation.
    (2) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
such entry by or through an official patrol vessel.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander or 
his designated representative may terminate the event at any time it is 
deemed necessary for the protection of life and property. He may be 
reached on VHF Channel 16 (156.8 MHz) when required, by the call sign 
``PATCOM''.
    (d) Effective date. This section becomes effective on July 4, 1994 
at 9:30 p.m. (PDT) and terminates on July 4, 1994 at 11 p.m. (PDT) 
unless sooner terminated by the District Commander.

    Dated: June 3, 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 94-15055 Filed 6-20-94; 8:45 am]
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